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Can Progressive deny my claim? Need help in GA

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jl482083

Junior Member
Located in Georgia...

I was in an auto accident last month in which a driver rear-ended me while I was sitting at a yield sign waiting to pull onto a busy highway. The driver sped off, and I was unable to get his tag information. My insurance company is Geico and they said that my claim would be filed under my uninsured motorist coverage, so my deductible would only be $250.

Only a week later, before my vehicle was repaired, I was rear-ended a SECOND time. This incident occurred in a private parking lot at a gas station. I had pulled out of my parking spot as I was leaving the gas station, and the other driver was using the station as a thoroughfare to cut past a red light. He sped behind my vehicle to try and pass me as he exited the parking lot, but there was not enough room and he was going rather fast. The rear of his vehicle hit the rear of my vehicle and tore open my bumper. I was already completely backed out of my spot when he hit me. Another vehicle had already pulled into the spot that I occupied. My car was stopped, and I was changing gears from reverse to drive so that I could continue to exit the lot.

Immediately upon speaking with the other driver, he admitted fault and apologized to me for causing the accident. I asked him to wait as I called the police, but when the police arrived they informed us that they could not issue a report because the accident occurred on private property. The officer gave us contact forms to fill out so that we could exchange our information.

I immediately called his insurance company, Progressive, to file a claim for my damages. They obtained my recorded statement of the accident over the phone and sent an agent to my home to take photos of my vehicle damage.

Lo and behold, the other driver filed against my insurance policy only a few days later. This was after he'd already admitted fault in what I thought was an open and shut case.

Now I'm at a standstill, as Progressive has denied my claim. They stated that they could not assign full fault to their insured judging from photos alone. At the time of the accident, my fiance was in the vehicle with me and he can testify to the facts of the case. I reminded Progressive of this and the agent on the phone informed me that they "were not interested" in my fiance's testimony because they do not consider him to be an unbiased witness.

As far as I know, my next option is to file for repairs under my own policy with Geico, but this would cost me $500 now for a deductible. I want to avoid having to pay this, as I know if this goes to arbitration between the two insurance companies, I may never see my $500 again.

Do I have any options to continue to fight this with Progressive? Or must I allow Geico and Progressive to argue amongst themselves? How does this work, being that I've been in 2 auto accidents with 2 separate claims?What is the name of your state (only U.S. law)?What is the name of your state (only U.S. law)?
 


ecmst12

Senior Member
If geico wins the arbitration, you'll get your deductible back. It could take time and it's not a sure thing. Your other option is small claims court, which will also take time and is also not a sure thing. And no, your fiance's testimony is not of any value in this matter.
 

I_Got_Banned

Senior Member
I was rear-ended a SECOND time. This incident occurred in a private parking lot at a gas station. I had pulled out of my parking spot as I was leaving the gas station, and the other driver was using the station as a thoroughfare to cut past a red light. He sped behind my vehicle to try and pass me as he exited the parking lot, but there was not enough room and he was going rather fast. The rear of his vehicle hit the rear of my vehicle and tore open my bumper. I was already completely backed out of my spot when he hit me. Another vehicle had already pulled into the spot that I occupied. My car was stopped, and I was changing gears from reverse to drive so that I could continue to exit the lot.
I'm just curious... How did the rear of his vehicle hit the rear of your vehicle :confused:
 

ecmst12

Senior Member
Against progressive? No of course not. You can sue the person who hit you. His insurance company will provide for his defense. Their job is to defend their insured, which means they don't pay unless they think the evidence is such that he would lose if he were to be sued. If they think the case against him is weak, they should not pay - they would not be doing their job properly.
 

jl482083

Junior Member
@ I_Got_Banned.... he hit me perpendicularly. I was backed out with my rear facing the driver's side of his vehicle. He was trying to pass around the back of my car, and the rear left of his truck bed hit the rear right of my vehicle and stripped the bumper off of my car. He was moving very fast for parking lot traffic. He claims I backed INTO him, which I would think is very clear judging by the photos of the damage left.
 

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